Month: October 2009

Q. We got behind on our bills and a bill collector has been stopping by andcalling us day and night. The bill collector intimidates us, calls us names andthreatens to destroy our credit record. We are nervous wrecks. What may we do?

A. You may be able to make a case that the collector’s conduct is a tort, theintentional infliction of mental distress. Courts recently have begun to recognize suchactions as extreme and outrageous conduct that someone else intentionally inflicts on you.For you to recover damages, you must show more than hurt feelings. Without aggravating(intensifying) circumstances, most courts have not allowed recovery if the collector wasmerely profane, obscene, abusive, threatening or insulting. The collector would need tohave used outrageous and extreme high-pressure methods for a period of time. If thecollector touched you offensively without your consent, you might even want to consideradding claims for two other intentional torts-assault and battery. You also might want toconsider a case against the collector’s employer. Just as employers are vicariously(indirectly) liable for the negligent acts of an employee, employers can be liable for theintentional acts of an employee. (See the “Consumer Credit” chapter for otherlegal protection against debt collectors.) A court would need to determine whether thecollector’s particular conduct fell within the scope of his or her job.Forms of DefamationDefamation involves your reputation. If something is said or shown to a third person andis understood by that person to lower your reputation, or keep others from associating withyou, you may have a defamation claim. Libel and slander are two types of defamation. Torecover for defamation, you have to prove that the information is false–truth is a defense.Plaintiff’s consent to the publication of defamatory matter concerning him is a completedefense as well.Defamation generally is easier to prove if you are a private person. Courts treat publicofficials and figures differently from private persons in deciding whether someone hasdefamed them. Public figures must show that the speaker or publisher either knew thewords were false or was negligent in saying them. Courts have established certainconstitutional protections for statements about public officials. That is why they mustshow that the speaker or publisher made the statement knowing it was false–or seriouslydoubting its truth.

Q. What is the difference between slander and libel?

A. A defamation action for slander rests on an oral communication made toanother that is understood to lower your reputation or keep others from associating withyou. Libel generally is considered written or printed defamation that does the same thing.Radio and television broadcasts of defamatory material today are nearly universallyconsidered libel.

Q. My late grandfather, who owned a textile factory, was called “unfair tolabor” in a recent book about the industry. Is that libelous?

A. While it can be libelous to write that someone is unfair to labor–or is a crook, adrunk, or an anarchist–no defamation action can be brought for someone who is dead. Ifyour family still owns the factory and the same accusation made against your grandfatherwas made against one of you, a defamatory action could be brought.

Q. I have a tax-return preparation business, and a neighbor recently told apotential client that I did not know a thing about tax law. Isn’t that slander?

A. You might have a case. If someone says something that affects you in yourbusiness, trade, or profession, you can recover in a slander action even without showingactual harm to your reputation or other damages. You can do the same in three othersituations–if someone says that you committed a crime, that you have a loathsomedisease, or that a specific female is unchaste (impure).Of course, you can recover in other slander cases, but in those you must show thatyou were actually damaged.

Q. Are there defenses to defamation?

A. There are several defenses that will defeat a defamation claim. As mentionedabove, consent is one; truth is another. And certain persons and proceedings (such as ajudge in his or her courtroom, witnesses testifying about a relevant issue in a case, andcertain communications by legislators) are said to be privileged. They are protected fromdefamation claims.

A. An assault is a reasonable apprehension (expectation) of some harm that maycome to you. Unlike a battery, you must know that an assault is occurring at the time ittakes place. A court will look at what happened. A great deal will depend on thereasonableness of your own feelings when threatened. The court will consider whether thecloseness of the physical threat should have subjectively upset, frightened, or humiliatedyou. Words alone usually are not enough to bring a case for assault.

Q. My neighbor fired his shotgun to scare a solicitor whom he did not wantcoming to his door. The bullet grazed a passerby. Will my neighbor be liable?

A. Under a legal doctrine known as transferred intent, your neighbor could beliable for a battery to the passerby. This is true even though the passerby was anunexpected victim whom your neighbor did not intend to harm. The solicitor also is likelyto win an assault case against your neighbor. The firing of the gun placed the solicitor inreasonable apprehension of a battery, which is the legal definition of an assault.

Q. A security guard in a store suspected me of shoplifting and detained me. Ihave heard about something called false imprisonment. Do I have an action for that?

A. If the security guard was acting in good faith, most courts will allow the guardto detain you briefly on the store premises. A number of states by law have givenshopkeepers a limited privilege to stop suspected shoplifters for a reasonable amount oftime to investigate. Nonetheless, you may be able to recover damages for falseimprisonment. Suppose the security guard genuinely restrained you against your will,intending to confine you. Damages for such an action generally include compensation forloss of time and any inconvenience, physical discomfort or injuries. If the guard actedmaliciously, you also may be able to receive punitive damages.

Q. Someone broke into my house in the middle of the night and attacked me.It was dark and I could not see the intruder well. I chased and knocked down ateenager running down the street because I thought he was the culprit, but I waswrong. Will I be liable to him?

A. If you reasonably believe someone broke into your house and attacked you, youhave the right to defend yourself by injuring him, even though it turns out that the one youinjured is not the same person who broke into your house. If you believe someone is aboutto inflict bodily harm, you may use non-deadly force to defend yourself. In this particularcase, if the teenager already was running down the street, courts may say that there nolonger was danger to you or your property. Then, outrageous as it sounds, you might wellbe liable. In situations where you believe an intruder is about to inflict death or seriousbodily harm, courts allow you to use deadly force. The question then becomes whether theforce you used was reasonable under the circumstances.

Breast Implant Litigation

There have been literally thousands of lawsuits filed by women who have undergonebreast implantation and now allege that the implants contributed to a wide range of healthproblems, ranging from cancer and autoimmune diseases to joint pains and interferencewith cancer detection. In addition to saying that both silicone breast implants and otherartificial implants were responsible for adverse-health effects in them, women havealleged that the implants also caused miscarriage and harmful effects in their children,some of them because they were breastfed. The suits generally say that the manufacturerswere negligent and that they knew the product was defective. Because this is a new area oftort law, it is important to contact a personal injury lawyer if you think you may have aclaim.

Q. I was injured because of a brake defect in a used car I bought. May Irecover from the dealer?

A. At least one used car dealer has been subject to a negligence action slots online for failing toinspect or discover such defects. But courts are split on whether dealers in used goodsshould be subject to strict liability. Holding them strictly liable appears to be a minorityposition.

What You Should Do If You Are Injured By a Product

Keep the evidence. If a heating fixture ruptures and injures someone in your family, keepas may pieces of the equipment as you can find and disturb the site as little as you can.Make note of the name of the manufacturer, model and serial number. Keep anypackaging or instructions. Keep any receipts showing when and where the product waspurchased. Take pictures of the site and of the injury. Make a record of exactly when theincident occurred and under what circumstances. Be sure you have accurate names andaddresses for all doctors and hospitals treating the injured victim.

Q. I suffered a severe allergic reaction from some cosmetics I used and neededmedical treatment. May I recover from the manufacturer?

A. Perhaps. Did the manufacturer warn you that the cosmetic could cause such areaction? Some courts normally will not hold the manufacturer liable for failing to warnyou of the risk of an adverse reaction unless you can prove that an ingredient in theproduct would give a number of people an adverse reaction. You also must prove that themanufacturer knew or should have known this and that your reaction was because youwere in that group of sensitive people, and not because you are hypersensitive. In addition,courts will determine whether you used the product according to the directions providedwith it. Misuse is a defense recognized in strict liability. If the court does not find strictliability, you still might recover on a negligence claim.

Q. My little boy contracted Reye’s Syndrome after I gave him children’saspirin for a respiratory ailment. Can we recover?

A. Because of the known danger of contracting Reye’s Syndrome when a childtakes aspirin, children’s aspirin bottles contain warnings. But in one California case, anappellate court said a jury should decide whether a manufacturer was negligent in failingto supply a Spanish-language warning of the hazards associated with aspirins. The child’smother could only speak Spanish and was unable to read the warning in English on theaspirin bottle. The case is now before the California Supreme Court.

Q. I got hepatitis from a blood transfusion. Is someone liable?

A. In many states, laws protect suppliers against strict liability when people whoreceive blood transfusions contract an illness from contaminated blood. However, youmay recover if you can show negligence by the supplier.

Product Liability

Strict product liability, now the law in nearly every state, allows an action against amanufacturer that sells any defective product resulting in injury to a buyer or anyone whouses it. If you are injured by a defective product, you do not need to prove that amanufacturer was negligent, but only that the product was defective. A strict liabilityaction can be brought against the parties that designed, manufactured, sold or furnishedthe product. It is possible for plaintiffs to recover punitive damages in strict productliability actions, though such cases are relatively rare and usually deal with outrageousconduct. Punitive damages are money awards, which go beyond an award for otherdamages. Punitive damages are intended to set an example and punish wrongdoers forintentional and outrageous conduct with evil intent. Liability actions against manufacturers for products that injure consumers also may be based on negligence, a contractual breach of warranty or, sometimes, a manufacturer’s intentional wrongful conduct.

A. This is a typical product liability case. You may be able to prove that themanufacturer of the lawn mower made a defective product. Most courts today holdcompanies responsible for a defective product strictly liable to consumers and users forinjuries caused by the defect. The product may have had a design flaw or a manufacturingdefect. Another possibility may be that the producer or assembler failed to provideadequate warning of a risk or hazard or failed to provide adequate directions for aproduct’s use.

Q. A disclaimer that came with the lawn mower said the manufacturer didnot warrant it in any way. Will that defeat our claim?

A. While limited warranties are sometimes enforced by courts, full disclaimersoften are not. Courts find such warranties invalid because you, as the consumer, are not inan equal bargaining position. They also rule that such clauses are unconscionable (grosslyunfair) and contrary to public policy. (See the discussion of “contracts of adhesion” andunconscionability in the chapter “Contracts and Consumer Law.”) Mostcourts limit the effect of limited warranties to repairs. A limited warranty is not a waiverof liability for injuries.

Q. A toy my grandson was playing with came apart, and he put one of thepieces in his mouth and started choking. Do we have any redress against the toymanufacturer?

A. The manufacturers of toys are closely monitored by the federal ConsumerProduct Safety Commission (CPSC), but lawsuits against them are abundant as well. Likeothers that put products into commerce, toy manufacturers have a duty to consider anyforeseeable misuse of their products. As in any strict liability action, several questionswould need to be answered to determine the manufacturer’s culpability. Did it have a dutyto warn of the danger of the toy falling apart? If so, what was the likelihood that it wouldbreak into small parts that could be dangerous to a small child? Did it make a differencehow the child was playing with the toy? Because toy manufacturers outside of the U.S.can be difficult to sue, you also might want to consider suing other parties in the toy’schain of distribution–the toy store, for example, or perhaps a fast-food chain thatdistributed the toy as part of a promotion. Such retailers also can be liable for injuries.

Visiting a Zoo

Zoos go to great extremes to protect visitors from the risks posed by their animals.Generally they restrain or confine the animals. For that reason, courts usually do notimpose strict liability when a visitor to a zoo gets injured. Instead, the visitor must showthat the zoo was somehow negligent in how it kept the animal.

Q. What if one of my animals escapes from our fenced-in yard and goes ontoour neighbor”s property?

A. In most jurisdictions, keepers of all animals, including domesticated ones, arestrictly liable for damages resulting from the trespass of their animals on another person”sproperty. But courts make exceptions for the owners of dogs and cats, saying they are notstrictly liable for trespasses, absent negligence, except where strict liability is imposed bystatute or ordinance.

Q. Am I automatically liable if my dog, normally a friendly and playful pet,turns on my neighbor and bites her?

A. It may depend on casino poland where you live. A number of jurisdictions have enacted dogbite statutes, which hold owners strictly liable for injuries inflicted by their animals. Ifthere is no such law in your town, you still can be found liable under a common lawnegligence claim if you knew the animal was likely to cause that kind of injury and failedto exercise due care in controlling the pet. If, on the other hand, you did not know or haveany reason to suspect that your dog had such a dangerous trait, courts have said ownersgenerally are not liable. It is important that you contact your local animal controldepartment to find out about any regulations in your area.

Q. Our neighbors have a vicious watchdog. We are scared to death that thedog will bite one of our children, who often wander into the neighbor”s yard. Whatcan we do?

A. The situation you pose is a common one and, as in the example above, isprecisely the reason a number of municipalities regulate dog ownership, especially ofvicious dogs, through ordinances. A great deal would depend on the ordinance where youlive. Unless your neighbor posts adequate warnings, he may be strictly liable for injuriescaused by a vicious watchdog. (And there is a question of whether written warnings aresufficient if a child is injured.) Even if the dog never bit before, such liability is imposedbecause of the mere fact that the dog is known to be vicious–or has certain dangeroustraits.

Should You Stop and Help Someone in an Emergency?

Generally you do not have a duty to stop and help someone in an emergency. The law saysthat if you did not cause the problem and if you and the victim have no special relationshipyou need not try to rescue a person. But states have passed so-called Good Samaritan lawsthat excuse doctors–and sometimes other helpers–from liability for negligence forcoming to the aid of someone in an emergency. In some states, if you injure someonewhile driving, you must help that injured person, regardless of who was at fault. Somecourts look at the circumstances of the rescue. They say that if you know someone is inextreme danger that could be avoided with little inconvenience on your part, you mustprovide reasonable care to the victim. Of course, you always are free to go voluntarily tothe aid of someone in trouble. But if you abandon your rescue efforts after starting them,you may be liable if you leave a victim in worse condition than you found him or her.

Q. I signed a consent form before my doctor performed surgery. What did itreally mean?

A. It is common practice in hospitals for patients to sign a form giving the doctortheir consent, or approval, to perform surgery. In the form, the patient usually consents tothe specific surgery as well as to any other procedures that might become necessary.Before you sign it, your doctor should give you a full description of the surgery and therisks involved, and the ramifications of not getting such treatment. If you can prove thatyour physician misrepresented or failed to adequately inform you of the risks and benefitsbefore surgery, your consent may be invalid. The only time the law excuses doctors fromproviding such information is in emergencies or when it would be harmful to a patient.But even if your doctor should have secured your consent and did not, you still may notautomatically recover. You may still have to prove that, if adequately informed, areasonable person would not have consented to the surgery.

Q. If the consent form is considered valid, can I recover any damages in amalpractice action against my doctor?

A. Yes, you still may be able to recover damages. A consent form does not releasefrom liability a physician who did not perform the operation following establishedprocedures or who was otherwise negligent. You may also have a claim that the surgerythe physician performed went beyond the consent you gave. Then the doctor might evenbe liable for battery.

Q. What if I’m just not satisfied with the results of my surgery? Do I have amalpractice case?

A. In general, there are no guarantees of medical results. You would have to showan injury or damages that resulted from the doctor’s deviation from the appropriatestandard of care for your condition.

Q. I got pregnant even though my husband had a vasectomy. Can we recoverdamages?

A. Yes, you may be able to win a case. A number of negligence cases have beenpermitted against physicians for performing unsuccessful vasectomies or other methods ofsterilization that resulted in unwanted children. Courts increasingly allow a suit to be filedby the parents of a child born as a result of wrongful conception or wrongful pregnancy.Damages generally are limited to those associated with the pregnancy and birth and do notextend to support of the child.

Q. I don’t think it was necessary for me to have a cesarean section when Idelivered my daughter. Is there anything I can do about it?

A. Although most malpractice cases involving cesarean sections are broughtagainst doctors who did not perform them when they should have, with resulting injuriesto the mother or child, it is possible for a woman to win damages against her doctors forunnecessarily delivering her child by cesarean section. An expert would still be necessaryto state that in doing the cesarean section, the delivering doctor deviated from theappropriate standard of care.

Q. My doctor prescribed a drug for treatment but failed to tell me it was partof an experimental program. What can I do?

A. This is quite a rare circumstance, but your physician had a duty to tell you thatthe drug was part of an experimental program. You had the right to refuse to participate init. You now may have grounds for an action against your doctor.

Q. May I recover medical and hospital bills from someone who caused aninjury to me even though my insurance company has paid the bill?

A. Yes. However, if you do recover payment from the person who injured you forthose bills, some states require you to reimburse your insurance company. In those states,the law does not allow you to get a double recovery. Often the insurance policy contains asubrogation clause that does not permit double recovery.

Q. My aunt discovered that a sponge left in her during an operation years agowas the source of stomach trouble. May she still sue?

A. Like other personal injury cases, medical malpractice lawsuits are subject tospecific statutes of limitations (discussed earlier in this chapter). Untilrecently, your aunt’s suit may have been thrown out of court. In many statutes, time limitson filing began when the injury occurred–on the day of the operation. To alleviate such aharsh–and final–result, many states today have altered their laws, and the clock for filinga case does not begin to toll until people discover that they have suffered an injury, orshould have discovered it. Even with the discovery rule, there are time limits, known asstatutes of repose, which limit the time within which to file suit before or after discoveryof the injury.

Q. My father’s job exposed him to asbestos. Now he has lung disease. Is it toolate to file a claim?

A. It may not be too late. Many people who suffered injuries from toxic substancessuch as asbestos did not know at the time of exposure that the compounds were harmful.As a result, some states have enacted laws allowing people to file lawsuits for a certainamount of time from the date when the lung impairment or cancer begins, rather than fromthe date of exposure. A lawyer can tell you whether your father still has time within thestatutes of limitations applicable in your state. In general, the area of workplace illnessesis covered by workers’ compensation (discussed earlier in this chapter and inthe “Law and the Workplace” chapter).

Q. What about malpractice actions against professionals such as lawyers? Irecently hired a lawyer seemed inexperienced and was unhappy with the outcome ofthe case.

A. Like doctors, lawyers and other professionals must possess and apply theknowledge and the skills of other reasonably well qualified professionals. Not only mustthey exercise reasonable care in handling your case, they also must possess a minimumdegree of special knowledge and ability. That means that they will be liable to you if theirskills do not meet the accepted standard of practice. You must also prove that the caseyour lawyer mishandled was likely to succeed. Lawyer malpractice usually results inproperty damage only. You cannot recover for the emotional distress of hiring a negligentlawyer. In your case, you may have a malpractice action against the attorney if he or shewas negligent in representing you. You’ll have to show more than dissatisfaction with theoutcome of the case. Did he or she fail to meet a deadline for filing for a court proceeding?Were all the crucial legal elements of the case fully explored? If you are unsure about abasis for a malpractice case, check with the state agency that regulates lawyers in yourstate. Your state bar association will be able to tell you the name of the agency is.

If You Get Injured at Work

Workers’ compensation laws, currently in place in all fifty states and the District ofColumbia, cover most workers injured on the job. Under these laws, employerscompensate you for your injuries, including medical expenses, lost wages (temporarydisability) and permanent or temporary disability, regardless of who was at fault. All youhave to do is file notice with your employer and a claim with the state’s worker’scompensation commission, or board. (See the “Law and the Workplace”chapter for more details.)Legislatures created the laws because they thought that liability for workplace accidentsshould be placed on the one most able to bear the loss–the employer. The statutes fallunder strict liability principles, discussed below, so no employer or employee negligenceor fault need be shown. In fact, the statutes prohibit employees from filing tort claimsagainst their employers for conditions covered by the law. Instead, an employee gets paidaccording to a fixed schedule of benefits, regardless of who was at fault.It is extremely rare that an employee is not covered by such a law, but if you are not, youmay be able to recover from your employer on a negligence claim. To do so, you mustshow that your employer failed to exercise reasonable care in providing you with safeworking conditions or that your employer failed to warn you of unsafe conditions that youwere unlikely to discover. Other possible suits against your employer might include anaction alleging an intentional injury or an intentional disregard of your safety. Or yourspouse might sue for loss of consortium. (See the “Family Law” chapter formore details.)

Q. I think my colleagues’ smoking at work is making me sick. Since I’m anon-smoker, do I have any recourse?

A. In a growing area of interest, a recent Environmental Protection Agency reporthas linked “passive” tobacco smoke to lung cancer and other ailments. Some non-smokershave filed workers’ compensation claims saying they became ill in a smoke-filledworkplace. Damage suits also have been filed against the employers, for allowingsmoking, and directly against tobacco companies. The non-smoker would have to showthat the presence of smoke caused his or her illness.

Liability at Sporting Events

Suppose you went to a baseball game, and a ball that a player hit into the stands injuredyou. What can you do? Spectators at a baseball game know they may be injured by aflying ball. That is why courts generally say that spectators assume the risk of being hurtby a ball. The same usually holds true if a golf ball hits you while you are watching a golfmatch. Likewise, if a wheel from a car in an automobile race flies into the stands, youassume the risk of getting hurt. The legal term for this doctrine is assumption of the risk. Itmeans that you agreed to face a known danger. But if there is a hole in a screen intendedto protect spectators at the baseball park, you then probably could argue that it wasnegligence not to have it repaired.

Q. My daughter, who plays on the local park’s basketball team, brought homea note asking us to sign a form saying we won’t hold the park district responsible forinjuries. What is that?

A. You are talking about a so-called waiver of liability that is intended tocontractually release the organization of any liability should an injury occur. Yoursignature doesn’t necessarily mean that you’ve signed away all of your rights. If you musteither sign such a form or deprive your child of the chance to participate in the activity, acourt may hold that your waiver is not really voluntary and thus not valid. And even inthose states that recognize waivers, the waiver might not mean that you are giving up yourright to sue entirely. If an injury results because of intentional or reckless behavior, youprobably will be able to seek damages.

Q. I was staying at a motel when there was a fire, but there was no watersprinkler system and no escape route posted in the room. Doesn’t the hotel have tohave those safety precautions?

A. The motel management probably should have exercised reasonable care aboutthe fire alarms and fire escapes. And they should have helped you escape. As in the caseof the common carrier above, the law generally says that innkeepers, who have a specialrelationship with their guests, have a higher duty of care.

Q. Someone attacked my daughter on the campus of the college she attends.May she hold the school responsible for this attack?

A. Your daughter might have a negligence action against the college. In adeveloping area of law known as premises liability, courts have found such entities asuniversities, motels, convenience stores and shopping malls liable for attacks because theydid not exercise reasonable care in preventing victims from being harmed by a thirdperson. In a case that drew headlines in the 1970s, for example, a court awarded $2.5million to singer Connie Francis for an attack at a Howard Johnson’s Motor Lodge. Thecourt found that the motel did not take proper and reasonable steps to prevent the attack.In general, a hotel must provide adequate security and not permit people to loiter. In yourdaughter’s case, a court would look at the facts and ask whether similar attacks hadoccurred previously in the same area. If so, the court would ask what security precautionsthe college had taken.

Q. I was attacked after withdrawing money from an automated teller machine(ATM). What can I do?

A. Under the tort theory of premise liability, discussed above, customers have suedbanks for failing to protect them from assault at ATMs. While there used to be nocommon law duty to provide security against such crimes, a duty has been recognized inrecent years. In such a case, a judge or jury would determine if there were pastoccurrences and if a likelihood of a crime was foreseeable. If so, they may hold that thebank had a duty to protect people using that machine and that the bank was liable.

Q. Is there anything else victims may do?

A. Yes. Most states have laws compensating victims of violent crimes for lostwages, counseling, and medical expenses. There also are several victim assistanceprograms. Check with your local prosecutor’s office (possibly called the office of thestate’s attorney or district attorney).

Landlord Liability

In recent years many states have required landlords to maintain residential property in“habitable” condition by imposing a warranty of habitability. A violation of that warrantycould result in your suing the landlord for failing to maintain the property and thusviolating the warranty. But negligence claims are also possible. If guests are injured whena back porch that is part of a unit collapses during a party, the landlord probably would beheld liable, especially if he or she had been warned that the porch was sagging or wasinfested with termites but had not repaired it. Of course, the landlord may be able to arguethat the porch collapsed because there were too many people on it.Landlords also must maintain any “common area” of the building–including stairs,corridors and walkways–for both tenants and guests of the building. If a guest is injuredwhen she trips over some loose carpeting in a corridor, for example, the landlord generallywould be liable.

If you are a landlord, there are ways to reduce your chances of liability. Consider havingyour insurance company inspect the premises and then promptly repair any safetyproblems the inspector uncovers. If you inspect the premises yourself, look for unsafewiring, loose railings, poor lighting or similar flaws. You might also write tenants a lettereach year asking them to point out hazards or needed repairs they may have noticed. If atenant who lives in the building every day fails to notice a hazard, it is hard to argue thatthe landlord should know about it. But that still may not protect you in a suit by someonewho is injured while visiting.

Q. My son received an injury during basic training in the U.S. Army. May herecover damages from the federal government?

A. No. People in the armed services who receive injuries during the course of theirduties are not permitted to recover for their injuries. But the Federal Tort Claims Act of1946 waives U.S. immunity for a “negligent or wrongful act or omission.” So it wouldpermit, under certain conditions, recovery in personal injury lawsuits against the UnitedStates government for torts committed by its employees. These actions are brought in theU.S. Claims Court (see the “How the Legal System Works” chapter). Somestates have their own courts of claim. In other states, claims actions can be broughtthrough other courts.

Q. My son and his friends went snow-mobiling on a nearby farm. When thevehicle ran into a fence, one of them got hurt. The farmer now says he is not liable. Isthat true?

A. If landowners know that others are using their land for snowmobiling, moststates say they must warn snowmobiles about hidden dangerous conditions or removethem. Was the fence visible? Did the farmer recently build it? A few states, such asMichigan, have laws specifically dealing with liability when someone uses property forrecreational purposes without permission. In those states, the farmer probably would notbe liable if he did not authorize the boys to be on his land and did not act recklessly. Youmight want to ask a lawyer about your state’s law.

Q. I got injured on a ski lift. May I recover against the ski resort?

A. Possibly. Can you prove that the resort was negligent? Remember that somestates have laws limiting the liability of resorts, saying there are certain risks that a personassumes when skiing. However, some states hold that ski lifts are common carriers, likebuses. They have higher duties than others, so in one of these states you might have anexcellent case.